MINING  CODE 


OF  THE 


State  of  Arizona 


ISSUED  BY 

TOM  C.  FOSTER,  State  Inspector  of  Mines 
PHOENIX,  ARIZONA 


AMCROfT  UBHABV 

S03 


711 


CHAPTER  51. 
Mines  and  mining. 


rticle : 

1.  Mining  location. 

2.  Mine  inspector  and  operation  of 
mines. 

Article  1.  Mining  location. 
2266.  Location  upon  discovery  of  mineral 
place.  On  the  discovery  of  mineral  in  place 
t  the  public  domain  of  the  United  States  the 
me  may  be  located  as  a  mining  claim  by  the 
scoverer  for  himself,  or  for  himself  and  oth- 
•s,  or  for  others.  (§  3231,  R.  S.  '01;  4027, 
.  S.  13.) 

§2267.     Location  notice,  contents;  amend- 

ent.  Such  location  shall  be  made  by  erecting 

or  contiguous  to  the  point  of  discovery  a 

•nspicuous  monument  of  stones,  not  less  than 

iree  feet  in  height,  or  an  upright  post,  se- 

irely   fixed,    projecting   at   least   four   feet 

aove  the  ground,  in  or  on  which  there  shall 

>  posted  a  location  notice,  signed  by  the  name 

:'  the  locator.     The  location  notice  must  con- 

lin :  The  name  of  the  claim  located  ;  the  name 

f  the  locator;  the  date  of  the  location;  the 

•ngth  and  width  of  the  claim  in  feet,  and  the 

istance  in  feet  from  the  point  of  discovery  to 

ich  end  of  the  claim ;  the  general  course  of 

le  claim ;  the  locality  of  the  claim  with  ref  er- 

nce   to   some   natural   object   or   permanent 

lonument  whereby  the  claim  can  be  identi- 

ied ;  and  until  each  of  the  same  shall  have 

een  done  no  right  to  such  location  shall  be 

cquired.    The  notices  may  be  amended  at  any 

ime  and  the  monuments  changed  to  corres- 

ond  with   the  amended   location ;   provided, 

hat  no  change  shall  be  made  which  will  inter- 

ere  with  the  rights  of  others.     ( §  §  3232-3, 

238,  R.  S.  '01 ;  4028-9,  4034,  R.  S.  '13,  Cons. 

;  rev.) 

§2268.  Completing  location;  additional 
cts;  failure.  From  the  time  of  the  location 
he  locator  shall  be  allowed  ninety  days  with- 
n  which  to  do  the  following:  Cause  to  be 
ecorded  in  the  office  of  the  county  recorder  a 
opy  of  the  location  notice;  sink  a  discovery 
haft  in  the  claim  to  a  depth  of  at  least  eight 
eet  from  the  lowest  part  of  the  rim  of  the 
haft  at  the  surface,  and  deeper,  if  necessary, 
intil  there  is  disclosed  in  said  shaft  mineral 
n  place;  and  monument  the  claim  on  the 
ground  so  that  its  boundaries  can  be  readily 
raced.  Failure  to  do  all  such  things  in  the 
ime  and  place  specified  shall  be  an  abandon- 
nent  of  the  claim,  and  all  right  and  claim 
hereto  of  the  discoverer  and  locator  shall  be 
'orfeited.  (§  §  3234-5,  R,  S.  '01;  1,  3,  Ch.  60, 
j.  '09-  4030-1,  R.  S.  '13,  cons.  &  rev.) 


§  2269.  Monumenting.  Such  boundaries 
shall  be  monumented  by  six  substantial  posts 
projecting  at  least  four  feet  above  the  surface 
of  the  ground,  or  by  substantial  stone  monu- 
ments at  least  three  feet  high,  one  at  each  cor- 
ner of  the  said  claim  and  one  at  the  center  of 
each  end  line  thereof;  when,  however,  the 
point  of  a  monument  is  at  the  same  point  and 
coincides  with  a  monument  of  the  survey  of 
the  United  States,  the  monument  of  such  gov- 
ernment survey,  shall  be  deemed  a  mining 
claim  monument.  (§3236,  R.  S.  '01;  4032, 
R.  S.  '13,  am.,  Ch.  125,  L.  '19,  rev.) 

§  2270.  Tunnel  as  location  work.  Any  open 
cut,  adit  or  tunnel,  made  as  a  part  of  the  loca- 
tion of  a  lode  mining  claim,  equal  in  amount 
of  work  to  a  shaft  eight  feet  deep  and  four 
feet  wide  by  six  feet  long,  and  which  shall  cut 
a  lode  or  mineral  in  place  at  a  depth  of  ten 
feet  from  the  surface,  shall  be  equivalent,  as 
discovery  work,  to  a  shaft  sunk  from  the  sur- 
face. (§  2,  Ch.  60,  L.  '09 ;  4033,  R.  S.  '13,  rev.) 

....§  2271.  Relocation.  The  location  of  an 
abandoned  or  forfeited  claim  shall  be  made  in 
the  same  manner  as  other  locations,  except 
that  the  relocator  may  perform  his  location 
work  by  sinking  the  original  location  shaft 
eight  feet  deeper  than  it  was  originally,  or  if 
the  original  location  work  consisted  of  a  tun- 
nel or  open  cut,  he  may  perform  his  location 
work  by  extending  said  tunnel  or  open  cut  by 
removing  therefrom  two  hundred  and  forty 
cubic  feet  of  rock  or  vein  material.  (§1,  Ch. 
22,  L.  '07;  4037,  R.  S.  '13,  in  part,  rev.) 

§  2272.  Locating  and  monumenting  placer 
claims;  recording  notice.  The  locator  of  a 
placer  mining  claim  shall  locate  his  claim  in 
the  following  manner :  By  posting  a  location 
notice  thereon  containing  the  name  of  the 
claim,  the  name  of  the  locator,  the  date  of 
location  and  the  number  of  acres  claimed;  a 
description  of  the  claim  with  reference  to 
some  natural  object  or  permanent  monument 
that  will  identify  the  claim  and  by  marking 
the  boundaries  of  his  claim  with  a  post  or 
monument  of  stones  at  each  angle  of  the  claim 
located.  When  a  post  is  used  it  must  be  at 
least  four  inches  in  diameter  by  four  feet  six 
inches  in  length,  set  one  foot  in  the  ground 
and  surrounded  by  a  mound  of  stone  or  earth. 
Where  it  is  practically  impossible  on  account 
of  a  bed  of  rock  or  precipitous  ground  to  sink 
such  posts,  they  may  be  placed  in  a  pile  of 
stones.  If  it  is  impossible  to  erect  and  main- 
tain a  post  or  monument  of  stone  at  any  angle 
of  such  claim,  a  witness  post  or  monument 


712 


may  be  used,  to  be  placed  as  near  the  true 
corner  as  the  nature  of  the  ground  will  per- 
mit. When  a  mound  of  stone  is  used,  it  must 
be  at  least  three  feet  in  height  and  four  feet  in 
diameter  at  the  base.  The  locator  shall,  within 
sixty  days  after  the  date  of  location,  record  a 
copy  of 'the  location  notice.  (§  §  3242-3-4,  R. 
S.  '01  ;  4038-9-40,  R.  S.  '13,  cons.  &  rev.) 

§  2273.  Affidavit  of  performance  of  an- 
nual work;  prima  facie  evidence.  Within  three 
months  after  the  expiration  of  the  time  fixed 
for  the  performance  of  annual  labor  or  the 
making  of  improvements  upon  a  mining  claim, 
the  person  on  whose  behalf  such  work  or  im- 
provement was  made,  or  some  person  for  him 
knowing  the  facts,  may  make  and  record  an 
affidavit,  in  substance  as  follows : 

State  of  Arizona,  county  of ss: 

,  being  duly  sworn, 

deposes  and  says  that  he  is  a  citizen  of  the 
United  States  and  more  than  twenty-one  years 

of  age,  resides  at ,  in 

county,  Arizona,  is  per- 
sonally acquainted  with  the  mining  claim 
known  as mining  claim,  situ- 
ated in mining  district,  Ari- 
zona, the  location  notice  of  which  is  recorded 
in  the  office  of  the  county  recorder  of  said 

county,  in  book of  records  of  mines,  at 

page That  between  the 

day  of ,  A.  D ,  and  the day 

of ,  A.  D ,  at  least dollars 

worth  of  work  and  improvements  were  done 
and  performed  upon  said  claim,  not  including 
the  location  work  of  said  claim.  Such  work 
and  improvements  were  made  by  and  at  the 

expense  of ,  owners  of  said 

claim,  for  the  purpose  of  complying  with  the 
laws  of  the  United  States  pertaining  to  assess- 
ment or  annual  work,  and  (here  name  the 
miners  or  men  who  worked  upon  the  claim  in 
doing  the  work)  were  the  men  employed  by 
said  owner  and  who  labored  upon  said  claim, 
did  said  work  and  improvements,  the  same  be- 
ing as  follows,  to-wit :  (Here  describe  the  work 
done,  and  add  signature  and  verification.) 

Such  affidavit  when  recorded,  shall  be 
prima  facie  evidence  of  the  performance  of 
such  labor  or  improvements.  ( §  3240,  R.  S. 
'01;  4035,  4037,  in  part,  R.  S.  '13,  rev.) 

§  2274.  One  affidavit  for  group.  When 
two  or  more  contiguous  claims  are  owned  by 
the  same  person,  and  constitute  a  group,  and 
the  annual  work  is  done  upon  each  of  said 
claims  or  upon  one  or  more  of  the  same  for  the 
benefit  of  all,  or  wholly  or  partly  outside  of 
such  claims  for  the  benefit  of  all,  all  such 
claims  may  be  included  in  a  single  affidavit. 
(§4036,  R.  S.  '13.) 


§2275.  Advertising  delinquent  co-owners; 
effect  as  evidence.  Whenever  a  co-owner  shall 
give  to  a  delinquent  co-owner  the  notice  in 
writing  or  notice  by  publication  to  contribute 
his  proportion  of  the  expense  of  annual  labor 
as  provided  by  the  laws  of  the  United  States, 
an  affidavit  of  the  person  giving  such  notice, 
stating  the  time,  place,  manner  of  service,  and 
by  whom  and  upon  whom  such  service  was 
made,  shall  be  attached  to  a  true  copy  of  such 
notice,  and  such  notice  and  affidavit  record- 
ed. Ninety  days  after  giving  the  notice;  or, 
if  such  notice  is  given  by  publication  in  a 
newspaper,  there  shall  be  attached  to  a  printed 
copy  of  such  notice  an  affidavit  of  the  editor 
or  publisher  of  such  paper,  stating  the  date  of 
each  insertion  of  such  notice  therein,  and 
when  and  where  the  newspaper  was  published 
during  that  time,  and  such  affidavit  and  no- 
tice shall  be  recorded  one  hundred  and  eighty 
days  after  the  first  publication.  The  original 
of  such  notice  and  affidavits,  or  the  records 
thereof,  shall  be  prima  facie  evidence  that  the 
said  delinquent  has  failed  or  refused  to  con- 
tribute his  proportion  of  the  expenditure,  and 
of  the  service  or  publication  of  said  notice ; 
unless  the  writing  or  affidavit  provided  for  in 
the  following  section  is  of  record.  ( §  §  3245, 
mod.,  3246,  R.  S.  '01 ;  4042-3,  R.  S.  '13,  cons. 
&  rev.) 

§  2276.  Contribution  by  delinquent  co- 
owner;  acknowledgment.  If  such  delinquent 
shall,  within  the  time  required  by  the  laws  of 
the  United  States,  contribute  his  proportion 
of  such  expenditures,  such  co-owner  shall  sign 
and  deliver  to  the  delinquent,  a  writing  sta»- 
ing  that  the  delinquent  by  name,  has,  within 
the  time  required  contributed  his  share  for 
the  year  upon  the  claim,  and  further  stating 
therein  the  district,  county  and  state  wherein 
the  claim  is  situate,  and  the  book  and  page 
where  the  location  notice  is  recorded.  Such 
writing  shall  be  recorded.  If  such  co-owner 
fail  to  sign  and  deliver  such  writing  to  the  de- 
linquent within  twenty  days  after  such  con- 
tribution, he  shall  be  liable  to  the  delinquent 
for  a  penalty  of  one  hundred  dollars,  and  the 
delinquent,  with  two  disinterested  persons 
having  personal  knowledge  of  said  contribu- 
tion, may  make  an  affidavit,  setting  forth  the 
manner,  amount,  to  whom  and  upon  what 
mine  such  contribution  was  made.  Such  affi- 
davit may  be  recorded,  and  shall  be  prima 
facie  evidence  of  such  contribution.  (§  § 
3247-8,  R.  S.  '01 ;  4044-5,  R.  S.  '13,  cons.  & 
rev.) 

§  2277.  Sufficiency  of  description  of  min- 
ing claims.  In  all  actions,  judgments,  grants 
or  conveyances  it  shall  be  a  sufficient  descrip- 
tion of  a  mining  claim  if  the  name  of  the 


713 


tim,  the  district,  county  and  state  where  it  is 
uate,  and  the  book  and  page  where  the  loca- 
>n  notice  thereof  is  recorded  can  be  intelli- 
ntly  learned'  therefrom.  (§  3249,  R.  S.  '01 ; 
46,  R.  S.  '13,  rev.) 

rticle  2.    Mine  inspector  and  operation  of 

mines. 

§  2278.  Qualifications  of  mine  inspector ; 
ities;  deputies;  salary.  The  state  mine  in- 
ector  shall  have  been  a  resident  of  this  state 

least  two  years  prior  to  his  election,  not 
ider  thirty  years  of  age,  and  shall  have  been 
•actically  engaged  in,  and  acquainted  with, 
ines  and  mining  in  this  state,  and  shall  have 

least  seven  years'  experience  in  under- 
•ound  mining.  No  person  may  be  an  inspec- 
r  or  deputy  inspector  while  an  employee, 
rector,  or  officer,  of  any  mining,  milling,  or 
nelting  company.  The  inspector,  and  each 
>puty,  shall  devote  his  entire  time  to  the  du- 
es of  his  office.  The  inspector  shall  receive, 
addition  to  his  salary,  his  necessary  travel- 
,g  expenses  when  traveling  in  the  discharge 
'  official  duties.  He  shall  give  bond  to  the 
ate  in  the  sum  of  five  thousand  dollars. 
H  3,  5,  Ch.  33,  L.  '12 ;  4055,  4057,  R.  S.  '13, 
>ns.  &  rev.) 

§2279.  Deputy  inspectors;  qualifications; 
)mpensation;  seal.  The  state  mine  inspector 
mil  appoint  three  deputies  having  the  same 
aalifications  as  the  mine  inspector.  They 
mil  receive  a  salary  of  twenty-four  hundred 
allars  per  annum,  each,  and  their  necessary 
•aveling  expenses  and  give  bond  to  the  state 
i  the  sum  of  twenty-five  hundred  dollars, 
he  mine  inspector  shall  have  a  seal  bearing 
le  words:  "Mine  Inspector,  State  of  Ari- 
>na, "  which  shall  be  affixed  to  official  docu- 
,ents.  (§  §  6-7,  9,  Ch.  33,  L.  '12;  4059,  am., 
h.  54,  L.  '19 ;  4058-9,  4061,  R.  S.  '13,  cons. 

rev.) 

§  2280.  Reports  to  be  kept  secret,  dismissal 
or  violation.  No  inspector,  deputy  or  em- 
loyee  shall  make  a  report  on  any  mine  or 
lining  property  or  prospect,  except  an  of- 
icial  report  to  his  superior  officer,  or  to  the 
overnor;  nor  shall  he  make  public  or  reveal 
3  any  other  person  knowledge  or  information 
btained  by  him  »i  the  exercise  of  his  official 
uties  concerning  ore,  ore  bodies,  or  values,  of 
ny  mine  or  part  thereof.  An  inspector  or 
eputy  violating  this  section  shall  be  dismissed 
rom  office.  (§  8,  Ch.  33,  L.  '12;  4060,  R.  S. 
13,  rev.) 

§2281.  Inspection  of  mines;  powers  of  in- 
pector.  The  mine  inspector  shall  visit,  at 
?ast  once  every  three  months,  every  mine  in 
his  state  employing  fifty  or  more  men  under- 
round,  and  every  other  working  mine  em- 


ploying six  or  more  men,  at  least  once  every 
year,  and  shall  inspect  and  examine  into  the 
operation,  conditions,  safety  appliances,  ma- 
shinery,  sanitation  and  ventilation  therein,  the 
means  of  ingress  and  egress,  and  the  means 
taken  to  protect  the  lives,  health  and  the  safe- 
ty of  the  miners,  the  cause  of  accidents  and 
deaths  therein,  and  inspect  and  ascertain  the 
means  taken  to  comply  with  this  chapter.  The 
inspector  may  at  all  hours  enter  and  examine 
any  part  of  any  mine,  visit,  investigate,  and 
examine  any  plant  or  equipment  connected 
therewith,  or  any  part  of  the  workings  there- 
of. All  operators  and  their  employees  shall 
assist  the  inspector  to  make  such  examination. 
(§  10,  Ch.  33,  L.  '12;  4062,  R.  S.  '13,  rev.) 

§  2282.  Notification  to  inspector  of  begin- 
ning or  suspension  of  operations;  penalty  for 
failure.  Whenever  mining  operations  are  ini- 
tiated in  any  mine  or  mining  property  coming 
under  the  jurisdiction  of  the  inspector,  and 
such  mining  property  not  theretofore  being  in 
continuous  operation,  employing  six  or  more 
employees ;  or,  whenever  the  operations  there- 
in are  suspended,  the  operator  of  such  mine 
or  mining  property  within  ten  days  after  the 
initiation,  commencement  or  suspension  of 
such  operations,  shall  notify  the  inspector  in 
writing,  at  his  office  of  such  initiation  or  sus- 
pension of  work.  An  operator  violating  this 
section  shall  be  guilty  of  a  misdemeanor  and 
fined  not  less  than  fifty  nor  more  than  three 
hundred  dollars.  (Ch.  73,  L.  '21,  rev.) 

§2283.  Notice  of  dangerous  condition;  op- 
erators to  comply  with  requirements;  mine  to 
be  closed  upon  failure.  If  upon  inspection  it 
shall  appear  to  the  mine  inspector  that  a  mine 
is,  from  any  cause,  in  a  dangerous  condition 
or  fails  to  comply  with  the  requirements  of 
law,  he  shall  at  once  serve  written  notice  on 
the  operator  or  his  agent  in  charge,  stating  in 
detail  why  said  mine  is  dangerous,  insecure, 
or  not  in  compliance  with  the  law,  and  what 
necessary  changes  should  be  made,  and  specify 
a  reasonable  time  within  which  to  make  the 
same.  The  operator  shall  forthwith  make  such 
change  and  comply  with  said  notice.  In  any 
action  against  a  party  so  notified,  for  loss  of 
life  or  bodily  injuries  sustained  by  an  em- 
ployee subsequent  to  such  notice  and  in  conse- 
quence of  said  dangerous  condition,  a  certified 
copy  of  the  notice  served  by  the  inspector 
shall  be  prima  facie  evidence  of  the  negli- 
gence of  said  party. 

If  it  appears  from  a  re-examination  that 
such  changes  or  compliances  have  not  been 
made  within  the  time  specified  in  such  notice, 
and  that  the  mine  is  still  in  a  condition  dan- 
gerous to  life  or  health,  and  in  the  opinion  of 
the  inspector  it  is  necessary  for  the  safety  of 


714 


the  life  or  health  of  the  employees  that  the 
same  be  vacated,  the  inspector  shall  forthwith 
order  the  cessation  of  the  operation  and  work- 
ing of  said  mine  or  part  thereof,  and  order 
that  the  employees  shall  not  be  permitted 
therein  except  to  remedy  the  defects  com- 
plained of,  until  this  chapter  is  complied  with 
to  the  satisfaction  of  the  inspector.  The  oper- 
ator of  said  mine  shall  forthwith  obey  said 
order.  (§  11,  Ch.  33,  L.  '12;  4063,  R.  S.  '13, 
rev.) 

§  2284.  Complaint  of  dangerous  condition; 
inspection.  Whenever  the  inspector  receives 
a  complaint  in  writing  signed  by  a  person  em- 
ployed in  a  mine,  setting  forth  that  the  mine 
or  part  thereof  in  which  he  is  working  is  being 
operated  contrary  to  law,  or  is  dangerous  in 
any  respect  to  the  health  or  lives  of  those  em- 
ployed therein,  and  when  such  danger  was 
first  observed,  the  inspector  shall  examine 
such  mine  as  soon  as  possible.  The  name  of 
the  person  making  such  complaint  shall  not 
be  disclosed  by  the  inspector,  unless  permis- 
sion be  expressly  granted  by  such  person.  The 
complaint  shall  be  indexed  and  filed  by  the 
inspector.  (§  12,  Ch.  33,  L.  '12;  4064,  R.  S. 
'13,  rev.) 

§  2285.  Accidents  to  be  reported  to  inspec- 
tor; investigation.  Whenever  loss  of  life  or 
serious  accident  shall  occur  in  any  mine  the 
operator  shall  give  immediate  notice  thereof, 
and  report  the  facts  in  writing  to  the  mine  in- 
spector. The  refusal  or  failure  to  so  report 
shall  be  a  misdemeanor.  The  inspector,  upon 
receipt  of  notice  of  such  accident,  shall  in- 
vestigate the  same  and  make  a  report  to  be 
filed  in  his  office.  In  case  of  loss  of  life  the 
inspector  shall  appear  at  the  coroner's  inquest 
held  respecting  such  accident,  and  may  ex- 
amine the  witnesses.  If  the  inspector  consid- 
ers the  facts  warrant  it  he  shall  cause  a  copy 
of  the  report,  or  a  copy  of  the  testimony,  to- 
gether with  the  verdict  of  the  coroner's  jury, 
and  all  papers  in  his  hands  relating  thereto,  to 
be  forwarded  to  the  attorney  for  the  county  in 
which  the  accident  or  loss  of  life  occurred, 
together  with  an  accompanying  statement  of 
the  inspector,  showing  in  what  particular  he 
believes  the  law  to  have  been  violated.  (§  13, 
Ch.  33,  L.  '12;  4065,  R.  S.  '13,  rev.) 

§  2286.  Record  of  inspections.  After  every 
inspection  the  inspector  shall  enter  forthwith 
in  a  book  to  be  kept  at  the  mine  and  desig- 
nated as  the  "Record  of  Inspection",  the  por- 
tion of  the  mine  so  inspected,  the  nature  of 
such  inspection,  and  every  dangerous  defect 
observed  in  the  state  and  conditions  of  the 
mine,  machinery,  and  appliances ;  but  nothing 
contained  in  or  omitted  from  such  entrv  shall 


limit  or  affect  the  duty  and  obligation  of  the 
owner  or  operator  of  such  mine  under  this 
chapter.  Such  record  shall  be  open  at  all 
reasonable  times  to  the  examination  of  the 
inspector  and  of  any  miner.  (§  15,  Ch.  33,  L. 
'12;  4067,  R.  S.  '13.  rev.) 

§  2287.  Annual  report  to  governor  by  in- 
spector. The  mine  inspector  on  the  thirty- 
first  day  of  December  in  each  year  shall  make 
and  file  Avith  the  governor  a  report  giving  a 
statistical  summary  and  report  of  the  work 
during  the  year  ending  November  thirtieth. 
Such  report  shall  contain  a  statement  showing 
the  number  of  men  employed  in  each  mine  in 
the  state,  and  separately,  the  number  of  men 
employed  above  ground  and  under  ground, 
the  number  and  nature  of  fatal  and  serious 
accidents  occurring  in  each  mine,  the  number 
of  inspections  made,  complaints  filed,  inquests 
attended,  mines  or  mine  workings  ordered  to 
be  vacated,  violations  found,  and  other  in- 
formation deemed  important,  together  with 
necessary  or  desirable  recommendations.  Cop- 
ies of  such  reports  shall  be  published  and  dis- 
tributed at  the  expense  of  the  state.  (§  16, 
Ch.  33,  L.  '12;  4068,  R.  S.  '13,  rev.) 

§  2288.  First  aid  appliances  and  corps. 
The  operator  or  person  in  charge  of  a  mine, 
where  ten  or  more  men  are  employed,  shall 
keep  at  the  mouth  of  the  tunnel,  shaft,  ov 
stope,  or  at  such  other  place  about  the  mine  as 
may  be  designated  by  the  mine  inspector,  a 
stretcher  and  a  woolen  water-proof  blanket, 
in  good  condition,  for  use  in  carrying  any 
person  who  may  be  injured  at  the  mine; 
where  more  than  one  hundred  persons  are 
employed,  two  or  more  of  same  shall  be  kept. 
At  all  mines  a  supply  of  first  aid  remedies 
shall  be  kept  readily  accessible.  In  mines 
where  three  hundred  or  more  men  are  em- 
ployed, a  first  aid  corps  must  be  organized, 
consisting  of  the  foreman,  shift  bosses,  time- 
keepers, and  other  employees,  designated  by 
the  operator  or  superintendent,  and  the  serv- 
ices of  a  competent  surgeon  and  physician 
shall  be  procured  to  instruct  the  members  not 
less  than  once  in  each  calendar  month,  in  the 
proper  handling  and  treatment  of  injured 
persons  before  the  arrival  of  a  physician.  (§ 
17,  Ch.  33,  L.  '12;  4069,  R.  S.  '13,  rev.) 

§  2289.  Maps  of  under  ground  workings 
When  ordered  by  the  mine  inspector,  the  oper- 
ator of  every  mine,  employing  ten  or  more 
men  under  ground,  shall  make  and  maintain 
a  reasonably  accurate  map  of  the  workings  of 
such  mine.  At  least  once  in  every  six  months, 
or  oftener,  if  necessary,  the  operator  shall 
make  alterations  on,  or  additions  to,  the  map 
showing  all  excavations  made  since  last  shown 


715 


on  said  map.  All  parts  of  said  mine,  which 
were  worked  or  abandoned  shall  be  clearly  in- 
dicated, and  all  under  ground  workings  shall 
be  surveyed  and  mapped  before  they  are  al- 
lowed to  become  inaccessible.  Such  maps 
shall,  at  all  times,  be  open  to  the  examination 
of  the  mine  inspector.  (§  18,  Ch.  33,  L.  '12; 
4070,  R.  S.  '13,  rev.) 

§  2290.  Explosives,  care,  record  and  use  of. 
Explosives  must  be  stored  in  a  magazine  used 
for  that-  purpose  only,  to  be  placed  far  enough 
from  the  working  shaft,  tunnel,  or  incline  to 
insure  their  remaining  intact  if  the  entire 
stock  explode.  Explosives  shall  not  be  stored 
in  underground  workings  where  men  are  em- 
ployed ;  explosives  in  excess  of  the  amount  re- 
quired for  twenty-four  hours'  work  shall  be 
kept  in  the  magazine  and  such  temporary  sup- 
ply shall  not  be  kept  at  any  place  where  its 
accidental  discharge  would  cut  off  the  escape 
of  miners.  The  operator  shall  provide  a  suit- 
able device  for  thawing  or  warming  powder 
and  keeping  the  same  in  condition  for  use,  and 
no  powder  shall  be  thawed  except  in  such  de- 
vice ;  oils  or  other  combustible  substances  or 
blasting  caps  shall  not  be  kept  or  stored  in 
the  same  magazine  with  explosives.  All  nitro- 
glycerine, nitro  or  blasting  powder,  or  other 
high  explosives  sold  in  the  state  shall  be  prop- 
erly marked  with  the  date  of  manufacture  on 
each  stick  of  powder,  and  no  nitro-glycerine, 
nitro  or  blasting  powder,  or  other  high  ex- 
plosives shall  be  sold  or  used  after  twelve 
months  from  the  date  of  manufacture.  The 
mine  inspector  may  regulate  and  limit  the 
amount  of  blasting  or  nitro  powder  or  other 
high  explosives  stored  or  kept  in  general  sup- 
ply stores  in  mining  camps  or  mining  towns 
where  there  is  no  law  governing  the  storage 
of  same. 

No  person  shall,  whether  working  for  him- 
self or  in  the  employ  of  another,  while  loading 
or  charging  a  hole  with  any  blasting  powder 
or  other  high  explosives,  use  or  employ  any 
steel  or  iron  tamping  bar ;  nor  shall  any  per- 
son allow  or  permit  the  use  of  such  steel,  iron, 
or  other  metal  tamping  bar  while  loading  or 
charging  a  hole  by  employees  under  his  man- 
agement or  direction. 

Every  person  manufacturing,  storing,  sell- 
ing, transferring,  or  in  any  manner  disposing 
of  any  powder  or  other  high  explosives,  shall 
keep  in  a  book  for  that  purpose  an  accurate 
record  of  all  transactions,  with  the  date  there- 
of, relating  to  the  receiving  and  disposing  of 
the  same,  showing  the  amount  of  each  such 
explosive  received,  of  whom  received,  when 
received,  disposition  made  of  such  explosive, 
with  the  amount  thereof,  and  the  name  of  the 


person  to  whom  delivery  was  made,  who  shall 
be  required  to  receipt  therefor.  Such  record 
shall  at  all  times  be  open  to  the  inspection  of 
the  mine  inspector,  or  any  peace  officer. 

Before  firing  charges,  warning  must  be 
given  in  every  direction  from  wrhich  access 
may  be  had  to  the  place  where  blasting  is  go- 
ing on,  and  mis-fire  holes  shall  be  reported  to 
the  mine  foreman,  or  the  shift  boss,  in  charge 
at  the  locality  of  such  holes.  If  the  shots  are 
fired  by  electricity,  the  place  must  be  care- 
fully examined  before  men  are  permuted  to 
work  therein.  The  person  in  charge  shall 
further  instruct  those  employed  in  clearing 
away  the  loose  rock,  to  report  to  him  immedi- 
ately the  finding  of  any  wires  in  or  under 
the  loose  rock,  and  if  discovered,  he  shall  at 
once  order  the  work  to  cease  until  the  wires 
have  been  carefully  traced  to  their  terminals 
in  order  to  determine  whether  a  mis-fire  has 
occurred.  (§  19,  Ch.  33,  L.  '12;  4071,  R.  S. 
'13,  rev.) 

§2291.  Fire  protection  of  one  exit  mines. 
All  mines  having  but  one  exit  covered  with  a 
building  containing  the  mechanical  plant, 
furnace  room  or  blacksmith  shop,  shall  have 
fire  protection,  water  if  possible,  and  if  water 
is  not  available,  chemical  fire  extinguishers 
or  hand  grenades  in  convenient  places  for  im- 
mediate use.  (§  20,  Ch.  33,  L.  '12 ;  4072,  R.  S. 
'13,  rev.) 

Bancroft  Librag 

§  2292.  Escapement  shafts.  Every  person 
having  in  a  mine  a  vertical  or  incline  shaft  to 
a  greater  depth  than  one  hundred  feet,  and 
who  has  drifted  a  distance  of  two  hundred 
feet  or  more,  and  commenced  to  stope,  shall 
provide  and  maintain  to  the  hoisting  shaft  or 
the  opening  through  which  men  are  let  into  or 
out  of  the  mine  and  the  ore  is  extracted,  a 
separate  escapement  shaft,  raise,  or  opening, 
or  an  under  ground  opening  or  communica- 
tion with  some  other  contiguous  mine ;  if  such 
contiguous  mine  belongs  to  a  different  person, 
the  right  to  use  the  outlet  through  such  con- 
tiguous mine,  in  all  cases  when  necessary,  or 
in  case  of  accident,  must  be  secured  and  kept 
in  force.  Where  such  an  escapement  shaft  or 
opening  shall  not  be  in  existence  at  the  time 
that  stoping  is  commenced,  work  upon  such  an 
escapement  shaft,  or  opening,  must  be  com- 
menced as  soon  as  stoping  begins  and  be  dili- 
gently prosecuted  until  completed,  and  said 
escapement  shaft,  raise,  or  opening  shall  be 
continued  to  and  connected  with  the  lowest 
workings  in  the  mine.  The  escapement  shaft 
or  exit,  must  be  of  sufficient  size  to  afford  an 
easy  passageway  ,*and  if  it  be  a  raise,  or  shaft, 
must  be  provided  with  substantial  ladders 
from  the  deepest  workings  to  the  suface. 


716 


Whenever  the  exit  or  outlet  is  not  in  a  direct 
or  continuous  course,  signboards  plainly 
marked  showing  the  direction  to  be  taken  must 
be  placed  at  each  departure  from  the  con- 
tinuous course.  (§21,  Ch.  33,  L.  '12;  4073, 
R.  S.  '13,  rev.) 

§  2293.     Hoists ;  equipment  and  operation. 

No  person  addicted  to  the  use  of  intoxicating 
liquors  or  drugs,  or  under  eighteen  years  of 
age,  shall  be  employed  as  a  hoisting  engineer. 
All  power  hoisting  machinery  used  in  hoisting 
from  or  lowering  employees  and  materials  in- 
to mines,  except  prospect  shafts  not  exceeding 
three  hundred  feet  in  depth,  shall  be  equipped 
with  an  indicator,  placed  near  and  in  clear 
view  or  hearing  of  the  engineer.  This  in- 
dicator must  be  in  addition  to  marks  on  the 
rope,  or  cable  or  drum.  It  shall  be  unlawful 
to  hoist  men  out  of,  or  lower  men  into,  a  mine 
at  a  speed  greater  than  fifteen  hundred  feet 
per  minute ;  provided,  however,  the  state  mine 
inspector  or  his  deputies  may  designate  a  les- 
ser speed  than  fifteen  hundred  feet  per  min- 
ute, in  any  shaft,  if  in  his  discretion  this  speed 
may  be  unsafe. 

All  hoisting  machinery  shall  be  inspected 
once  in  every  twenty-four  hours  by  a  com- 
petent person  appointed  by  the  mine  operator 
for  that  purpose,  and  every  such  inspector 
shall  immediately  report  in  writing  to  said 
operator  any  and  all  defects  found.  All  ropes 
or  cables  used  for  hoisting  purposes  shall  be 
of  approved  quality  and  manufacture ;  and  in 
shafts  and  winzes  of  over  two  hundred  feet 
in  depth  wire  ropes  or  cables  only  shall  be 
used  for  hoisting  purposes.  All  head  frames 
where  men  are  hoisted  at  a  speed  of  over  two 
hundred  and  fifty  feet  per  minute  and  where 
more  than  twenty-five  men  are  employed, 
shall  be  so  constructed  as  to  allow  at  least 
twenty-five  feet  above  the  hoist  landing  stage, 
in  which  the  cage,  skip,  or  bucket  can  travel 
freely  in  case  of  an  overwind. 

It  shall  be  unlawful  for  the  operator  of  any 
mine  to  permit  the  hoisting  or  lowering  of 
men  in  any  shaft  deeper  than  three  hundred 
feet,  excepting  shafts  in  process  of  sinking, 
unless  an  iron-bonneted  safety  cage  equipped 
with  gates  at  least  five  feet  in  height,  be  used 
for  the  hoisting  and  lowering  of  such  men. 
Every  cage  shall  have  over-head  bars  of  such 
arrangement  as  to  give  every  man  on  the  cage 
an  easy  and  secure  handhold,  and  every  cage 
or  skip  used  for  hoisting  men  shall  be  pro- 
vided with  a  safety  catch  of  sufficient 
strength  to  hold  the  cage  or  skip  with  its  max- 
imum load  at  any  point  in  the  shaft  in  the 
event  that  the  hoisting  cable  should  break. 
The  inspector  shall  see  that  all  cages  and 


skips  are  equipped  as  herein  required,  and 
that  on  all  cages  the  safety  catches  are  kept 
well  oiled  and  in  good  working  condition.  In 
any  shaft  of  less  than  three  hundred  feet 
deep,  where  no  safety  cage  is  used,  and  where 
cross-heads  are  used,  platforms  for  employees 
to  ride  upon,  equipped  with  safety  catches  as 
required  herein  for  cages  and  skips,  shall  be 
provided. 

All  vertical  shafts  more  than  two  hundred 
feet  deep  from  which  hoisting  is  done  by 
means  of  a  bucket,  must  be  provided  with 
suitable  guides,  and  in  connection  with  the 
bucket  there  must  be  a  cross-head  traveling 
upon  the  guides.  The  height  of  the  cross-head 
shall  be  at  least  one  and  one-half  times  its 
width.  If  the  cross-head  be  a  type  that  is  not 
secured  to  the  hoisting  rope,  a  stopper  of  de- 
sign to  be  approved  by  the  mine  inspector 
must  be  securely  and  rigidly  fastened  to  the 
hoisting-rope  at  a  suitable  point  above  the  rim 
of  the  bucket.  The  number  of  persons  per- 
mitted to  ride  on  the  deck  of  a  cage,  or  in  or 
on  a  skip  or  bucket,  shall  be  determined  by 
the  mine  inspector,  and  no  more  than  that 
number  shall  be  allowed  to  ride.  No  person 
shall  ride  upon  a  cage,  nor  in  nor  on  a  skip, 
or  bucket,  when  the  same  is  loaded  with  rock 
or  ore,  nor  when  loaded  with  tools,  timber, 
powder,  or  other  material,  except  for  the  pur- 
pose of  assisting  in  passing  these  through  the 
shaft. 

When  tools,  timber,  or  other  materials  are 
to  be  loaded  or  hoisted  in  the  shaft,  the  ends, 
if  projecting  above  the  top  of  the  bucket, 
skip,  or  other  vehicle,  shall  be  securely  fast- 
ened to  the  hoisting  rope  or  to  the  upper  part 
of  the  vehicle,  and  tools,  timber,  or  other  ma- 
terial loaded  erectly  upon  a  cage  must  be  se- 
curely lashed  before  being  hoisted  or  carried. 
No  cage,  skip,  bucket,  or  other  vehicle,  shall 
be  lowered  directly  to  the  bottom  of  the  shaft, 
fifty  feet  or  more  in  depth,  where  men  are 
working,  but  must  be  stopped  at  least  fifteen 
feet  above  the  bottom  until  the  signal  to  lower 
further  has  been  given  by  one  of  the  men  at 
the  bottom  of  the  shaft. 

Persons  engaged  in  deepening  a  shaft  in 
which  regular  hoisting  from  an  upper  level 
is  going  on  shall  be  protected  from  the  dan- 
ger of  falling  material  by  a  suitable  covering, 
sufficient  opening  in  such  covering  being  left 
only  for  the  passage  of  the  bucket  or  convey- 
ance used  in  the  sinking  operations.  In  shafts, 
winzes  or  raises,  where  two  or  more  crews  of 
men  are  working,  one  crew  above  another, 
there  shall  be  a  bulkhead  between  each  two 
crews  of  men,  strong  enough  to  stop  any  tools 
or  other  material  that  may  fall  from  the  men 


717 


working  above,  and  only  the  cage,  skip,  or 
bucket  compartments  shall  be  left  open.  All 
shafts  or  winzes  shall  have  a  bulkhead  over 
the  men  working  in  the  bottom  of  the  shaft 
or  winze,  built  of  timber  not  less  than  six 
inches  in  thickness,  not  more  than  fifty  feet 
above  the  bottom  of  said  shaft  or  winze,  pro- 
viding ample  protection  for  the  men  working 
in  the  bottom  of  said  shaft  or  winze,  and  so 
constructed  as  not  to  shut  off  the  air  circula- 
tion; the  cage,  skip,  or  bucket  compartment 
only  to  be  left  open.  All  shafts  or  winzes 
shall  be  cleaned  down  below  the  bulkhead  af- 
ter each  blasting.  Windlasses  and  winzes  in 
mines  shall  be  provided  with  a  suitable  plug 
or  some  other  reliable  device  to-  prevent  run- 
ning back  of  the  bucket  or  other  conveyance. 
No  open  hook  shall  be  used  with  a  bucket  in 
hoisting,  but  only  some  approved  form  of 
safety  hook  or  shackle  hook. 

A  release  signal  of  one  bell  to  the  hoisting 
engineer  shall  be  given  to  release  the  cage, 
skip,  or  bucket  after  it  has  been  stopped  at 
any  station.  At  any  mine  where  men  are 
hoisted  by  mechanical  means,  a  hoistman 
charged  with  the  hoisting  thereof  shall  be 
kept  on  duty  at  the  hoist  at  all  times  when 
men  are  underground.  (Ch.  27,  L.  '31.) 

§  2294.  Outlets;  shafts;  winzes  and  ladder- 
ways.  Every  mine  shall  have  at  least  two  out- 
lets to  the  surface,  except  as  hereinbefore  pro- 
vided. Such  outlets  must  not  lead  to  the  sur- 
face in  one  and  the  same  house,  and  must  not 
at  any  point  be  nearer  to  one  another  than 
thirty  feet.  In  the  event  that  two  outlets  of 
any  mine,  or  part  of  them,  do  not  belong  to 
the  same  mine,  the  owners  and  operators  of 
the  respective  mines  shall  be  responsible  for 
the  outlet,  or  part  of  it,  in  their  respective 
mines,  being  kept  in  proper  repair;  and 
should  any  obstruction  arise  in  any  such  out- 
let, or  anything  occur  in  one  of  the  mines  to 
jeopardize  the  safety  of  the  outlet,  the  occur- 
rence shall  be  immediately  reported  to  the 
owner  or  person  in  charge  of  the  other  mine. 
If  either  of  the  two  outlets  or  part  of  them,  be 
situated  in  an  abandoned  mine  the  operators 
of  the  working  mine  shall  be  jointly  and  sev- 
erally responsible  for  the  proper  maintenance 
and  repair  of  such  outlet. 

At  every  mine  where  a  single  shaft  be  al- 
lowed to  afford  the  only  means  of  ingress  and 
egress  to  the  persons  employed  under  ground, 
such  shaft,  if  more  than  two  hundred  feet 
deep,  shall  be  divided  into  at  least  two  com- 
partments, and  one  of  the  compartments  shall 
be  set  aside  for  a  ladder-way,  which  must  *be 
equipped  as  hereinafter  provided.  Whenever 
such  a  single  shaft  be  covered  by  -a  building 


not  absolutely  fireproof,  the  ladder-way  shall 
be  securely  bulkheaded  at  a  point  at  least 
twenty-five  feet  below  the  collar  of  the  shaft, 
and  below  this  bulkhead,  if  the  shaft  is  situ- 
ated upon  a  side  hill,  a  drift  shall  be  driven  to 
the  surface ;  if  the  shaft  be  situated  in  a  level 
country,  this  drift  shall  be  driven  to  a  safe 
distance  beyond  the  walls  of  the  building,  but 
in  no  case  less  than  thirty  feet,  and  from  there 
a  raise  shall  be  made  to  the  surface.  This 
raise  shall  be  equipped  with  a  ladder-way,  and 
it,  together  with  the  drift  connecting  with  the 
main  shaft,  shall  be  kept  in  good  repair  and 
shall  afford  a  safe  escape  in  the  event  of  fire. 

No  structure  shall  be  erected  over  an  out- 
let of  a  mine,  except  the  head-frame,  necessary 
for  hoisting  from  a  shaft  and  the  hatch  or 
door  necessary  for  hoisting  from  a  shaft  and 
the  hatch  or  door  required  to  protect,  from  in- 
clemency of  the  weather,  men  obliged  to  work 
at  the  top  of  a  shaft.  If  for  the  latter  pur- 
pose a  house  be  required,  the  mine  inspector 
may,  in  writing,  grant  permission  for  its  con- 
struction, but  such  a  house  must  be  as  small  as 
possible,  constructed  of  uninflamable  ma- 
terial, and  the  storage  of  any  inflammable 
material  inside  of  it,  or  within  thirty  feet  of 
it,  is  prohibited. 

Every  adit  of  which  the  mouth  is  covered 
by  a  house  or  building  of  any  kind  shall  be 
provided  with  a  fireproof  door,  near  the 
mouth  of  the  adit,  that  can  be  closed  from  the 
outside  of  the  building  by  means  of  a  pull 
wire  or  cable,  so  as  to  keep  the  gases  of  com- 
bustion from  entering  the  mine  in  the  event 
that  fire  destroys  the  building  at  the  mouth 
of  the  adit. 

Every  shaft,  winze,  raise,  or  incline,  of 
steeper  slope  than  forty  degrees  from  the 
horizontal  and  deeper  than  forty  feet,  through 
which  men  are  obliged  to  travel,  shall  be  pro 
vided  with  a  ladder-way.  Suitable  ladders, 
or  footways,  shall  be  provided  to  connect 
floors  of  sets  in  stopes,  and  other  places  re- 
quiring communication  in  a  mine.  Every 
shaft  shall  have,  in  addition  to  any  mechani- 
cal means  of  ingress  and  egress,  at  least  one 
ladder  or  footway  communicating  from  the 
lowest  workings  of  the  mine  to  the  surface. 

Permanent  ladder-ways  shall  be  strong  and 
shall  be  firmly  fastened  and  kept  in  good  re- 
pair. In  a  vertical  shaft  the  mine  inspector 
may,  in  his  discretion,  by  an  order  in  writing, 
direct  that  the  ladder  shall  be  inclined  at  the 
most  convenient  angle  which  the  space  where 
the  ladder  is  fixed  allows,  and  every  such  lad- 
der shall  have  substantial  platforms  at  inter- 
vals of  not  more  than  twenty  feet.  The  plat- 
form shall  be  closely  covered,  with  the  excep- 


7.18 


tion  of  an  opening  large  enough  to  permit 
the  passage  of  a  man  and  shall  be  so  arranged 
that  a  person  cannot  fall  from  one  ladder 
through  the  opening  to  the  next  ladder.  Lad- 
der-ways shall  be  provided  in  shafts  in  the 
course  of  sinking  to  within  such  distance  from 
the  bottom  as  will  secure  them  from  damage 
by  blasting,  from  the  end  of  such  ladder-ways, 
portable  ladders  shall  be  extended  to  the  bot- 
tom of  the  shaft. 

All  stations  or  levels  shall  have  a  passage- 
way around  the  working  shaft  so  that  crossing 
over  the  hoisting  compartments  may  be 
avoided.  All  sumps  shall  be  securely  planked 
over.  At  shaft  stations  a  gate  or  a  guard  rail 
must  be  provided  and  kept  in  place  across  the 
shaft,  except  when  cage,  skip,  or  bucket  is 
being  loaded,  but  may  be  temporarily  removed 
for  repairs  or  other  operations,  if  proper  pre- 
caution to  prevent  danger  to  persons  is  taken. 
The  top  of  the  shaft  shall  be  protected  by  a 
substantial  gate,  guard  rail,  or  chain. 

Winzes  or  raises  shall  not  be  started  in  the 
direct  line  of  a  drift,  but  shall  be  offset  from 
the  drift,  and  if  opening  from  below  directly 
on  any  drift  or  tunnel,  traveled  by  men,  shall 
be  covered  with  a  grizzly  or  by  doors.  The 
opening  of  offset  winzes  shall  be  protected 
by  a  fence  or  guard  rail  not  less  than  three 
feet  or  more  than  four  feet  in  height  above  the 
level  of  the  drift.  Winzes,  sumps,  and  all 
other  openings  in  the  floor  of  a  drift  or  stope 
must  be  kept  covered  by  a  substantial  hatch, 
or  planking,  or  provided  with  guard  rails. 
(§  23,  Ch.  33,  L.  '12;  4075,  R.  S.  '13,  rev.) 

§2295.  Ventilation.  Pure  air  shall  be 
made  to  circulate  through  and  into  the  shafts, 
winzes,  levels,  and  other  working  places  of 
every  mine,  in  such  quantity  as  will  maintain 
them  in  a  fit  state  for  working  and  passing 
therein.  In  dry  places  where  the  operation  of 
a  power  drill  will  produce  dust,  all  power 
drills  used  therein  shall  be  equipped  with  a 
spraying  device,  and  an  adequate  spraying 
system  shall  be  installed  and  used  to  settle  all 
dust  or  gasses  created.  The  total  quantity  of 
carbon  dioxide  present  in  the  air  shall  not  ex- 
ceed twenty-five  one-hundreds  per  cent  by  vol- 
ume, except  where  firing  of  explosives  has 
been  done  a  higher  percentage  is  permissable 
for  a  reasonable  length  of  time  after  the  last 
explosion,  and  the  operator  shall  provide  res- 
pirators whenever  needed.  Waste  timber  in 
under-ground  workings  shall  not  be  piled  up 
and  permitted  to  decay,  but  shall  be  removed 
as  soon  as  practicable.  (§  24,  Ch.  33,  L.  '12; 
4076,  R.  S.  '13,  rev.) 

§2296.  Lights;  trolley  wires.  Stationary 
lights,  deemed  sufficient  by  the  mine  inspec- 


tor, shall  be  provided  during  working  hours 
at  all  stations  in  shafts  during  the  time 
while  in  actual  use;  and  at  stations  in  levels 
where  hoisting  or  hauling  is  effected  by 
means  of  machinery;  and  at  night  at  all 
working  places  on  the  surface.  No  candles 
shall  be  left  burning  in  a  mine  when 
the  person  using  the  candle  departs  from 
his  work  for  the  day.  Electric  trolley 
wires  shall  be  at  least  seven  feet  above 
the  floor.  (§  §  25,  35,  Ch.  33,  L.  '12;  4077, 
4087,  R.  S.  '13,  cons.  &  rev.) 

§  2297.  Precautions  against  flooding. 
When  advancing  a  drift,  adit,  level,  or  incline 
toward  a  mine  working  that  is  thought  to  be 
filled  with  water,  a  bore  hole  must  be  kept  at 
least  twenty  feet  in  advance  of  the  breast  of 
the  drive ;  and  also  if  necessary  in  directions 
laterally  from  the  course  of  the  drive.  Such 
a  working  place  must  not  exceed  six  feet  in 
width  and  such  further  measures  shall  be 
taken  as  may  be  deemed  necessary  by  the 
mine  inspector  to  obviate  the  danger  of  a  sud- 
den breaking  through  of  water.  No  raise  shall 
be  allowed  to  approach  within  ten  feet  of  any 
portion  of  a  winze,  or  a  stope,  in  which  there 
is  a  dangerous  accumulation  of  water,  unless 
such  winze  or  stope  be  first  unwatered  by 
bailing  or  pumping,  or  by  means  of  a  bore 
from  the  raise.  Where  in  the  opinion  of  the 
mine  inspector,  there  is  a  danger  of  a  sudden 
inrush  of  water,  such  additional  raises,  drifts, 
or  other  workings  shall  be  constructed  as  are 
necessary  to  insure  the  escape  of  workmen 
from  the  lower  workings.  Places  for  the 
storage  of  water  in  mines,  shall  be  so  con- 
structed as  to  prevent  leakage,  as  far  as  pos- 
sible, and  insure  the  safety  of  the  men  work- 
ing below  the  same. 

It  shall  be  unlawful  for  any  operator  to  im- 
pound water  or  to  keep  water  impounded 
within  any  mine  in  which  men  are  working 
below  the  water  so  impounded,  in  such  man- 
ner as  to  endanger  the  safety  of  such  men, 
unless  said  water  be  impounded  by  a  dam,  or 
wall  approved  by  the  mine  inspector.  (§  26. 
Ch.  33,  L.  '12;  4078,  R.  S.  '13,  rev.) 

§  2298.  Interfering  with  equipment  for- 
bidden. No  person  shall  knowingly  injure  or 
destroy  any  equipment  or  machinery  of  a 
mine ;  nor,  unless  authorized  so  to  do,  obstruct 
or  open  an  airway,  handle  or  disturb  any  part 
of  the  machinery  of  the  hoisting  engine  of  the 
mine,  open  the  door  of  a  mine  and  neglect  to 
close  it,  endanger  the  mine  or  those  working 
therein,  disobey  a  lawful  order,  or  do  a  wilful 
act  whereby  the  lives  or  health  of  persons 
working  in  such  mines,  or  the  security  of  a 
mine,  or  the  machinery  connected  therewith, 


719 


may  be  endangered.      (§31,  Ch.  33,  L.    '12; 
4083,  R.  S.  '13,  rev.) 

§2299.  Danger  signals;  visitors.  Notices 
shall  be  placed  at  the  entrance  to  any  working 
place  deemed  dangerous,  and  at  the  entrance 
to  old  or  abandoned  workings;  and  no  person 
other  than  those  authorized  by  the  operator, 
manager,  or  superintendent,  shall  remove  or 
go  beyond  any  caution-board  or  danger  signal 
so  placed.  Visitors  shall  not  be  allowed  under- 
ground unless  accompanied  by  the  owner  or 
his  agent  for  that  purpose.  (§  32,  Ch.  33,  L. 
'12;  4084,  R.  S.  '13,  rev.) 

§  2300.  Fire  equipment  and  training  of 
fire  crew.  At  any  mine  employing  twenty- 
five  or  more  men  underground,  the  operator 
shall  provide,  and  keep  in  a  readily  accessible 
place,  at  least  two  fire  fighting  helmets  in 
condition  to  be  used  in  case  of  emergency,  and 
provide  training  for  a  crew  in  the  use  of  said 
helmets;  tests  of  the  helmets  by  the  actual 
use  thereof  by  such  crew  shall  be  made  at 
least  monthly.  (§33,  Ch.  33,  L.  '12;  4085, 
R.  S.  '13,  rev.) 

§  2301.  Signalling  apparatus.  Every  shaft 
and  each  compartment  thereof  used  for  hoist- 
ing, if  exceeding  fifty  feet  in  depth,  and  not 
exempted  in  writing  by  the  mine  inspector, 
shall  be  provided  with  an  efficient  means  of 
interchanging  distinct  and  definite  signals 
between  the  top  of  the  shaft  and  the  lowest 
level  from  which  hoisting  is  being  done,  and 
the  various  intermediate  levels  for  the  time 
being  in  use.  The  signalling  appartus  shall 
be  either  wire  or  cable  actuating  a  bell,  or 
whistle,  or  a  speaking  tube,  or  a  telephone,  or 
an  electric  system,  or  two  or  more  of  these. 
In  mines  where  a  station  tender  is  employed 
no  person  shall  ring  any  signal  bell  except 
the  station  tender,  except  in  case  of  danger,  or 
when  the  main  shaft  is  being  sunk.  ( §  34, 
Ch.  33,  L.  '12;  4086,  R.  S.  '13,  rev.) 

§  2302.  Signal  Code.  The  following  signal 
code  shall  be  used  in  all  mines:  1  bell,  stop 
immediately  if  in  motion;  1  bell,  hoist  muck; 
1  bell,  release  cage,  skip,  or  bucket;  2  bells, 
lower ;  3-1  bells,  hoist  men ;  3-2  bells,  lower 
men,  if  bells  rung  slowly  move  slowly ;  4  bells, 
steam  on  or  off;  5  bells,  blasting  or  ready  to 
shoot.  This  is  a  caution  signal  and  if  the  en- 
gineer is  prepared  to  accept  it  he  must  ack- 
nowledge by  raising  bucket  or  cage  a  few  feet 
then  lowering  it  again.  After  accepting  this 
signal  engineer  must  be  prepared  to  hoist 
men  away  from  blast  as  soon  as  signal  "1 
bell ' '  is  given  and  must  accept  no  other  signal 
in'  the  meantime.  6  bells,  air  on  or  off ;  7 
bells,  danger  signal,  followed  by  station  signal 


calls  cage  to  that  station.  This  signal  takes 
precedence  over  all  others  except  an  accepted 
blasting  signal. 

STATION  SIGNALS 
1-2  bells,  collar  of  shaft 
1-3  bells,  1st  level 
1-4  bells,  2nd  level 
1-5  bells,  3  level 
2-1  bells,  4th  level 
2-2  bells,  5th  level 
2-3  bells,  6th  level 
2-4  bells,  7th  level 
2-5  bells,  8th  level 
4-1  bells,  9th  level 
4-2  bells,  10th  level 
4-3  bells,  llth  level 
4-4  bells,  12th  level 
4-5  bells,  13th  level 
5-1  bells,  14th  level 
5-2  bells,  15th  level 
5-3  bells,  16th  level 
5-4  bells,  17th  level 
5-5  bells,  18th  level 
6-1  bells,  19th  level 
2—1-2  bells,  20th  level 
2—1-3  bells,  21st  level 
2—1-4  bells,  22nd  level 
2—1-5  bells,  23rd  level 
2—2-1  bells,  24th  level 
2—2-2  bells,  25th  level 
2—2-3  bells,  26th  level 
2—2-4  bells,  27th  level 
2—2-5  bells,  28th  level 
2—4-1  bells,  29th  level 
2—4-2  bells,  30th  level 
2^-3  bells,  31st  level 
2—4-4  bells,  32nd  level 
2 — 4-5  bells,  33rd  level 
2—5-1  bells,  34th  level 
2—5-2  bells,  35th  level 
2—5-3  bells,  36th  level 
2—5-4  bells,  37th  level 
2—5-5  bells,  38th  level 
2—6-1  bells,  39th  level 

Station  signal  must  be  given  before  hoisting 
or  lowering  signal.  The  engineer  shall  not 
move  a  cage,  skip,  or  bucket  unless  he  under- 
stands the  signal.  One  copy  of  this  signal 
code  shall  be  posted  on  the  gallows  frame,  one 
at  each  station  and  one  before  the  engineer. 
Special  signals  may  be  used  provided  they  are 
easily  distinguished  by  their  sound,  or  other- 
wise, from  the  foregoing  code,  and  do  not  in- 
terfere with  it  in  any  way.  (Ch.  27,  L.  '31.) 

§  2303.  Copy  of  law  to  be  kept  posted.  The 
operator  or  person  in  charge  of  every  mine 
within  the  provisions  of  this  article  shall  keep 
at  all  times  in  the  office  of  said  mine  and  in 
the  timekeeper's  office  thereof,  in  an  accessi- 


720 


ble  place  and  subject  to  inspection  by  all 
workmen  and  persons  interested  in  the  same, 
at  least  one  printed  copy  of  this  article.  (§ 
38,  Ch.  33,  L.  12;  4090,  R.  S.  '13,  rev.) 

§2304.  Violations;  penalty.  Any  person 
violating  a  provision  of  this  article  where  no 
other  penalty  is  expressly  provided,  shall  be 
guilty  of  a  misdemeanor.  (§39,  Ch.  33,  L. 
'12;  4091,  R.  S.  '13,  rev.) 

§2305.  Common  system  of  drainage;  con- 
tribution of  cost.  Whenever  adjacent  or  con- 
tiguous mines,  opened,  developed  and  worked 
upon  the  same  or  upon  separate  lodes  have  a 
common  ingress  of  water ;  or,  by  reason  of 
subterranean  communication  of  water  have  a 
common  drainage,  the  operators  of  said  mines 
shall  provide  for  their  proportionate  share  of 
such  drainage,  or  to  prevent  the  water  in  such 
mine  from  flowing  in  or  upon  neighboring 
mines.  Tf  an  operator  of  any  such  mines  shall 
fail  or  neglect  to  provide  for  the  drainage 
thereof,  and  by  reason  of  such  failure  or  ne- 
glect, the  operator  of  an  adjacent  or  contigu- 
ous mine  is  compelled  to  pump  or  drain  or 
otherwise  provide  for  the  water  flowing  in 
from  such  first  mentioned  mine,  the  operator 
of  the  mine  so  in  default,  shall  be  liable  for 
his  proportion  of  the  actual  and  necessary 
cost  and  expense  of  pumping,  draining  or 
otherwise  providing  for  said  water.  (§  § 
3252-3,  R.  S.  '01;  4047-8,  R.  S.  '13,  cons.  & 
rev. ) 

§  2306.  Order  for  inspection.  When  an 
action  is  commenced  to  recover  the  costs  and 


expenses  for  draining  a  lode  or  mine,  the 
court  shall  grant  an  order  allowing  the  plain- 
tiff to  inspect  the  lodes  or  mines  claimed  to 
have  been  drained,  upon  application  and  affi- 
davit that  such  inspection  is  necessary  for  a 
proper  preparation  of  the  case  for  trial.  Such 
order  shall  designate  the  number  of  persons, 
not  exceeding  three,  besides  the  plaintiff,  to 
make  the  examination  and  they  may  cause  the 
removal  of  any  rock,  debris,  or  any  other  ob- 
stacle in  any  lode  or  vein  when  such  removal 
is  shown  to  be  necessary  to  a  just  determina- 
tion. (§  3256,  R.  S.  '01 ;  4051,  R.  S.  '13,  rev.) 

§2307.  Terms  defined;  extent  of  applica- 
tion. This  article  shall  apply  to  all  mines  in 
the  state,  and  as  herein  used  the  term  "mine" 
shall  include  all  parts  of  a  mine  and  any  min- 
ing plant  or  equipment  connected  therewith, 
underground  or  on  the  surface,  which  con- 
tributes, or  may  contribute,  to  the  mining  or 
handling  of  ore,  coal,  or  other  metalliferous 
or  non-metalliferous  mineral  product ;  the 
term  "operator"  shall  mean  the  person,  as- 
sociation or  corporation  in  immediate  posses- 
sion of  a  mine,  or  mining  claim,  or  accessories 
thereof,  as  owner  or  lessee  thereof,  and  as 
such,  responsible  for  the  management  and 
condition  thereof;  the  term  "inspector"  sig- 
nifies the  state  mine  inspector  and  his  depu- 
ties; the  words  "excavations"  and  "work- 
ings," signify  any  or  all  parts  of  a  mine  ex- 
cavated, or  being  excavated,  including  shafts, 
tunnels,  entries,  winzes,  raises,  stopes,  open 
cuts,  and  all  working  places,  whether  aban- 
doned or  in  use.  (§  1,  Ch.  33,  L.  '12;  4053, 
R.  S.  '13,  rev.) 


CHAPTER  24. 
Employer  and  employee. 


§  1354.  Hours  for  hoisting  engineers  and 
furnace  men ;  penalty.  The  period  of  employ- 
ment of  hoisting  engineers  at  the  mines  in  the 
stat^and  furnace  men  at  the  smelters  in  the 
state,  shall  be  eight  hours  per  day  except  in 
cases  of  emergency  where  life  or  property  is 
in  imminent  danger.  Any  person,  including 
the  employee,  who  violates  the  provisions  of 
this  section  shall  be  guilty  of  a  misdemeanor 
and  be  punished  by  a  fine  of  not  less  than  one 
hundred  dollars,  nor  more  than  three  hundred 
dollars  for  each  offense.  (§  §  1-2,  Ch.  26,  L. 
'12;  3108-9,  R.  S.  '13,  cons/ &  rev.) 

§  1355.  Mining  and  smelting  work,  electric 
plants,  declared  hazardous.  The  employment 
in  all  underground  mines,  underground  work- 
ings, open  cut  workings,  open  pit  workings, 


in  or  about,  and  in  connection  with,  the  oper- 
ation of  smelters,  reduction  works,  stamp 
mills,  concentrating  mills,  chlorination  pro- 
cesses, cyanide  processes,  cement  works,  roll- 
ing mills,  rod  mills,  coke  ovens,  blast  fur- 
naces, and  electric  light  or  electric  power 
plants,  is  hereby  declared  to  be  injurious  to 
health  and  dangerous  to  life  and  limb  of  thos'1 
employed  therein.  (§  1,  Ch.  28,  L.  '12;  3147, 
R.  S.  '13;  1,  Ch.  50,  L.  '12;  3098,  R.  S.  '13, 
cons.  &  rev.) 

§  1356.  Hours  of  labor  per  day  for  miners; 
persons  liable;  penalty.  The  period  of  em- 
ployment for  all  persons  employed,  occupied 
or  engaged,  in  work  or  labor,  of  any  kind,  in 
underground  mines  or  underground  workings 
of  any  kind ;  open  cut  workings  or  open  pit 


721 


workings;  in  or  about,  or  in  connection 
with,  the  operation  of  smelters,  reduction 
works,  stamp  mills,  concentrating  mills,  chlor- 
inating processes,  cyanide  processes,  cement 
works,  rolling  mills,  rod  mills,  and  at  coke 
ovens  and  blast  furnaces,  shall  not  exceed 
eight  hours  within  any  twenty-four  hours, 
and  the  said  eight  hours  shall  include  the  time 
employed,  occupied  or  consumed,  in  descend- 
ing to  and  ascending  from  the  point  or  place 
of  work  in  any  underground  mine  or  under- 
ground workings,  or  the  time  employed,  occu- 
pied or  consumed  in  leaving  the  surface  of 
any  tunnel,  open  cut,  or  open  pit  workings, 
for  the  point  or  place  of  work  therein,  and  in 
returning  thereto  from  said  point  or  place  of 
work ;  except  that  in  an  emergency,  where  life 
or  property  is  in  imminent  danger,  the  period 
may  be  prolonged  during  the  continuance  of 
such  emergency,  and  except  that  the  hours  of 
employment  may  be  changed  from  one  part  of 
the  day  to  another  at  stated  periods,  such 
change  not  to  occur  more  than  once  in  any 
two  weeks,  and  the  employment  may  be  for 
more  than  eight  hours  during  the  day  in 
which  such  change  is  made.  Any  person  vio- 
lating any  provision  of  this  section,  and  any 
person,  who,  as  foreman,  manager,  superin- 
tendent, director,  or  officer  of  a  corporation, 
or  as  employer  or  superior  officer  of  any  per- 
son, commands,  persuades,  or  allows  any  per- 
son to  violate  any  provision  of  this  section 
shall  be  guilty  of  a  misdemeanor,  and  be  pun- 
ished by  a  fine  or  not  less  than  two  hundred 
and  fifty  dollars  nor  more  than  five  hundred 
dollars,  or  by  imprisonment  in  the  county  jail 
for  not  less  than  three  months  nor  more  than 
six  months.  In  a  trial  for  a  violation  of  this 
section,  the  jury,  if  a  jury  trial,  shall  decide 


whether  the  punishment  shall  be  a  fine  or  im- 
prisonment, or  both  fine  and  imprisonment. 
Each  day's  violation  shall  be  a  separate  of- 
fense. (Ch.  26,  L.  '12,  S.  S. ;  §  713,  P.  C.'  '13, 
rev.) 

§  1359.  Lavatories,  change  rooms,  bath,  in 
mines  and  certain  works;  penalty;  porno- 
graphy. For  the  maintenance  of  public  health, 
proper  bath  rooms,  wash  rooms,  water  closets 
and  a  heated  change  room  immediately  con- 
tiguous to  the  works,  shall  be  provided  by 
every  person  whether  owner  or  operator  en- 
gaged in  the  treatment  or  reduction  of  ores  or 
metals,  in  cement  works,  in  works  using  oils, 
cyanide,  acids  or  quicksilver.  Such  water 
closets  shall  be  screened  and  ventilated,  with 
not  less  than  one  seat  for  each  twenty-five 
persons,  and  one  seat  for  each  fraction  thereof 
above  ten,  employed  in  such  establishment. 
One  shower  bath  shall  be  provided  for  every 
twenty-five  men  employed  in  such  establish- 
ment with  adequate  wash  room  facilities. 
These  rooms  and  places  shall  at  all  times  be 
open  to  employees  and  shall  be  kept  in  a  clean 
and  sanitary  condition.  A  heated  wash  and 
change  room  shall  be  maintained  contiguous 
to  every  mine  employing  twenty-five  or  more 
men. 

Any  person  violating  this  section,  and  any 
person  placing  any  obscene  picture,  writing 
or  marking  in  or  about  the  premises  herein 
mentioned,  shall  be  guilty  of  a  misdemeanor, 
and  punished  by  a  fine  of  not  less  than  fifty 
dollars,  nor  more  than  three  hundred  dollars, 
or  by  imprisonment  in  the  county  jail  for  not 
less  than  ten  days  nor  more  than  sixty  days, 
or  by  both  such  fine  and  imprisonment.  ( §  § 
1-2-3-4,  Ch.  165,  L.  '19,  cons.  &  rev.) 


StOCKion,  v^ai 
PAT  JAN.  21,  1908 


